… Says comments were never intended to interfere with courts as Government vows to strengthen anti-corruption fight while respecting separation of powers
BY MBONGENI NDLELA
MBABANE– Government has issued a detailed statement clarifying recent remarks made by Prime Minister Russell Mmiso Dlamini regarding the work of the Anti-Corruption Commission (ACC), stressing that the PM neither intended to interfere with the Judiciary nor question its constitutional independence.
The clarification follows recent public debate after comments made by the PM in Parliament were interpreted by Chief Justice Bheki Maphalala as amounting to interference with the Judiciary. Government has now moved to place the remarks in context, while reaffirming its commitment to the constitutional doctrine of separation of powers and the independence of the courts.
In a statement issued on Monday by Acting Government Spokesperson Thabile Mdluli, Government said the PM respectfully disagreed with the interpretation that his remarks constituted interference, but considered it important to clarify the matter in order to preserve public confidence in State institutions and maintain the cordial constitutional relationship between the Executive and the Judiciary.
According to the statement, the PM’s comments were made while responding to questions from Members of Parliament in fulfilment of his constitutional responsibility to account to Parliament. Government said his response focused solely on the operational diligence expected from the Anti-Corruption Commission in carrying out its statutory mandate.
The statement explained that the PM’s observation was that where previous applications for warrants of arrest had not been granted in certain matters, the ACC should not abandon or discontinue investigations. Instead, the Commission was encouraged to continue gathering evidence and, where the legal threshold had been met, submit fresh applications before the competent judicial authorities.
Government emphasised that the Prime Minister never questioned judicial discretion nor attempted to influence judges in the exercise of their constitutional functions.
“The remarks neither questioned nor sought to influence the exercise of judicial discretion. They did not purport to attribute responsibility to the Judiciary for any investigative outcome, nor were they intended to direct, advise or influence any judicial officer in the discharge of judicial functions,” the statement said.
The Government further expressed regret over interpretations suggesting otherwise, stating that such interpretations did not reflect either the intention or substance of the PM’s remarks.
Respect for Judicial Independence
Government reaffirmed that judicial independence remains one of the fundamental pillars of constitutional governance and the rule of law in Eswatini.
The statement noted that the Executive fully recognises that judicial authority is exercised independently and free from improper influence, adding that Government remains steadfast in respecting that constitutional principle at all times.
It also highlighted the longstanding tradition of mutual respect and institutional cooperation between the Executive and the Judiciary, saying issues affecting relations between the two arms of Government have historically been addressed through constructive institutional engagement rather than public confrontation.
Government expressed confidence that any misunderstanding arising from the recent exchanges would likewise be resolved through respectful dialogue within the appropriate constitutional framework.
Corruption Fight Remains a Priority
At the same time, Government stressed that its determination to combat corruption remains unwavering and should not be interpreted as an attempt to interfere with any constitutional institution.
The statement said the Executive remains committed to fulfilling the mandate entrusted to it by His Majesty King Mswati III and the resolutions of Sibaya to strengthen the fight against corruption, safeguard public resources and promote integrity in public administration.
Government added that institutions responsible for preventing, investigating and prosecuting corruption would continue receiving the necessary support to enable them to discharge their responsibilities independently, professionally and impartially.
According to the statement, this support is intended to strengthen public confidence in governance institutions while ensuring that justice is administered fairly and without fear or favour.
Clarification on Compensation Claims
Government also addressed recent discussions relating to compensation for losses allegedly suffered during the period of social unrest.
While expressing sincere sympathy to Chief Justice Bheki Maphalala and all individuals, businesses and institutions that suffered losses during that period, Government clarified that the Office of the Prime Minister has no constitutional or statutory mandate to assess, process or determine compensation claims.
Instead, Government advised that all affected persons and institutions should utilise the established legal and administrative mechanisms that exist for processing such claims.
It stated that these procedures apply equally to everyone, in accordance with the principles of equality before the law, administrative fairness and orderly public administration.
Call for Continued Institutional Cooperation
The statement concludes by reaffirming Government’s commitment to preserving strong constitutional relations between the Executive and the Judiciary while ensuring that institutions continue working independently within their respective constitutional mandates.
Government said maintaining mutual respect between institutions remains essential for strengthening the rule of law, protecting public confidence and advancing good governance in the Kingdom of Eswatini.
(Courtesy Pic)
